O2015-019 - 2. ORD Amendment to City Code

ORDINANCE NO. O2015-019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUMA,
ARIZONA, AMENDING TITLE 21 OF THE YUMA CITY CODE, CHAPTER
213, BICYCLES, BY AMENDING SECTIONS 01, 05, 06, 07, 08, 09, 10, AND
11, AND ADDING SECTIONS 14 AND 15, RELATED TO REGULATING
BICYCLING ON SIDEWALKS AND AGAINST TRAFFIC; AND
PROVIDING PENALTIES .
WHEREAS, the City of Yuma (City) has a non-delegable duty to keep its streets and sidewalks
reasonably safe; and,
WHEREAS, collisions involving bicycles and motor vehicles are a concern for the City; and,
WHEREAS, bicyclists riding on sidewalks or against the flow of traffic increase the risk of
collisions involving motor vehicles, bicycles and pedestrians; and,
WHEREAS, the safe use of streets and sidewalks will reduce collisions involving motor
vehicles, bicycles, and pedestrians and improve the public welfare; and,
WHEREAS, Yuma City Code, Chapter 213, Bicycles, does not adequately protect bicyclists,
pedestrians, and motor vehicle traffic; and,
WHEREAS, the City Council desires to protect the safety and welfare of its citizens; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Yuma as follows:
SECTION 1: The title of Yuma City Code, Title 21, Chapter 213 is amended to add the
following underlined text:
Chapter 213: Bicycles and Play Vehicles
SECTION 2: The Yuma City Code, Title 21, Chapter 213, Section 01 is amended to add the
following underlined text inserted alphabetically in the definitions section:
BICYCLE LANE. A portion of a roadway which has been designated by pavement
markings and, if used, indicating the preferential or exclusive use by bicycles.
SHARED-USE PATH. A bikeway, physically separated from motorized vehicular traffic
by an open space or barrier and either within a highway right-of-way or within an
independent right-of-way. Shared-use paths may be pedestrians, skaters, wheelchair
users, joggers, and other non-motorized users.
SHOULDER. The portion of a roadway contiguous with the traveled way for
accommodation of stopped road vehicles, for emergency use, and for lateral support of
sub-base, base, and surface courses.
SIDEWALK. The portion of a street or highway right-of-way designed for preferential or
exclusive use by pedestrians.
PLAY VEHICLE. Tricycles, unicycles, skateboards, motorized skateboards, scooters,
rollerskates, and any wheeled, non-motorized conveyance.
These definitions are only applicable to Yuma City Code, Title 21, Chapter 213.
SECTION 3: The Yuma City Code, Title 21, Chapter 213, Sections 05 through 11 are amended
to delete the following crossed-out text and add the following underlined text:
Section 213-05. Riding on Sidewalks.
A.
No person shall ride a bicycle on a sidewalk where a bicycle lane is
available, unless the bicycle lane is obstructed.
B.
No person shall operate a bicycle or any of the play vehicles coming
under this chapter upon a sidewalk within a business district unless in a
designated bike lane, in an area where business doors are adjacent to the
sidewalk or where the operation would be hazardous to persons entering or
exiting a business. These areas prohibiting bicycle riding shall be posted with
signs referring to Yuma City Code § 213-05.
Section 213-06 Traffic Hazard or Impedance
No person shall operate a bicycle or play vehicle any of the vehicles coming
under this chapter upon a street, alley or public highway if in such operation a
manner as to creates a traffic hazard or to impedes the free flow of traffic.
Section 213-07 Signs Prohibiting Operation
The City Engineer is authorized to erect signs on any other sidewalk, street,
alley or public highway prohibiting the operation of bicycles or play
vehiclesthe vehicles coming under this chapter and when such signs are in
place, no person shall disobey same.
Section 213-08 Yield Right of Way
A.
A person riding a bicycle or play vehicle on a sidewalk or shared-use
path that enters or crosses a roadway shall yield the right-of-way to traffic on
such roadway.
B.
Whenever A persons are operating a bicycle or play vehicle coming
under this chapter upon a sidewalk or shared-use path, they shall yield the
right-of-way to any pedestrians, and shall otherwise ride and operate such
conveyance in a safe and lawful manner.
Section 213-09 Speed.
No person shall operate a bicycle or play vehicle at a speed greater than is
reasonable and prudent under the existing conditions then existing.
Section 213-10 Emerging From Alley or Driveway.
A.
The operator of a bicycle or play vehicle emerging from an alley,
driveway, or building shall, yield the right-of-way to upon approaching a
sidewalk or the sidewalk area extending across any alley, yield the right-ofway to all closely approaching pedestrians, bicycles, and play vehicles
approaching on said sidewalk or sidewalk area.
B.
The operator of a bicycle or play vehicle and upon entering the street
or public highway shall yield the right-of-way to closely approaching all
bicycles, play vehicles, and motor vehiclesapproaching on said street or public
highway.
C.
In this section, “motor vehicle” has the same meaning as that ascribed
to “motor vehicle” in A.R.S. § 28-101(33).
Section 213-11 Parking
No person shall park a bicycle or play vehicle upon a public sidewalk, street,
alley or public highway other than against the curb or upon a sidewalk other
than in a rack to support the bicycle or against a building or at the curb, in a
such manner that substantially impedes pedestrian or motor vehicle traffic or
as to afford the least obstruction to pedestrian traffic obstructs access to public
or private facilities.
SECTION 4: The Yuma City Code, Title 21, Chapter 213 is amended to add Section 14, titled
Traffic Flow and Section 15, titled Duty of Drivers, to read as follows:
Section 213-14 Traffic Flow.
No person shall ride a bicycle against the flow of adjacent traffic in a bicycle
lane, sidewalk, or shoulder.
Section 213-15 Duty of Drivers.
A.
A person shall not drive a motor vehicle on a sidewalk, except to enter
or leave the roadway, and only after yielding the right-of way to all bicycles,
play vehicles or pedestrians lawfully upon the sidewalk.
B.
In this section, “motor vehicle” has the same meaning as that ascribed
to “motor vehicle” in A.R.S. § 28-101(33).
SECTION 5: Any person who violates any of the provisions of this Ordinance shall be
guilty of a class 3 misdemeanor, violation of such provision shall be punishable by a fine not
to exceed $500 or by imprisonment for not more than one day or by both such fine or
imprisonment.
SECTION 6: If any part or portion of this Ordinance is found invalid or unconstitutional by
the decision of a court of competent jurisdiction, such decision shall not affect the validity of
the remaining Ordinance.
ADOPTED THIS ____ day of ________________________, 2015.
________________________________
Douglas J. Nicholls
Mayor
ATTESTED:
_________________________________
Lynda L. Bushong
City Clerk
APPROVED AS TO FORM:
_________________________________
Steven W. Moore
City Attorney